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CHAPTER XI.—GOVERNOR FITZROY—1846 to 1855.

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WITHOUT BRAINS BUT WITH STRONG PASSIONS—A QUEER STORY—THE GOVERNOR AND THE PUBLICAN'S DAUGHTER—A TERRIBLE SCRAPE—ATTEMPTS TO REVIVE TRANSPORTATION—DISCOVERY OF GOLD—SEPARATION OF VICTORIA—ESTABLISHMENT OF CONSTITUTIONAL GOVERNMENT—THE FIRST PARLIAMENT—END OF THE STORY.

Sir Charles Augustus Fitzroy was the tenth Governor of New South Wales, and he held office for nine years. Personally he did not commend himself to the men who were earnestly struggling to shape the destinies of the growing colony. He had no opinions of his own, and simply acted as a mouthpiece of those who still held the reins, and whose vassal he was. As one writer during his time tersely puts it, he was content to drive his own four-in-hand while his official advisers managed the colonists. Official aptitude he had none; his intellectual attainments were on a par with his morals—of a low order—and he was as bare of common sense as of refined tastes. In his case the only signs existing of the 'gentleman' were a large income, fashionable dress, and a polished exterior. Dr. Lang, who was in full vigour during his administration, was particularly severe on him, using his facile pen as the weapon of offence, and suffering through the use of it by having his liberty curtailed in Darlinghurst prison. Not every man has the privilege of libelling a Governor with such effect, and of knowing that the suffering endured in consequence thereof was in a righteous cause.

On his Excellency's arrival in the colony he was accompanied by his wife, Lady Mary Fitzroy, and his two sons, who had both reached man's estate. Shortly after his arrival Lady Mary was killed by a fall from the vice-royal carriage in Parramatta Park, the horses having taken fright while Fitzroy was driving; and Dr. Lang evidently thought that the sad calamity was received by the Governor as a pleasant release from burdensome marital ties. Quoting Junius' description of Lord Irnham he broadly states that the term 'hoary letcher' was applicable to Fitzroy. Here is one of the Dr.'s peppery illustrations:—

"As Her Majesty makes a royal progress at home every year, it is natural that her Representative in the Colonies should do the same. Whether they imitate the good example of their Royal Mistress in other respects, is not quite so evident. At all events, Sir Charles Fitzroy was engaged in one of his vice regal progresses in New South Wales, when he reached the inland town of Berrima, about eighty miles from Sydney, and took up his abode at a respectable 'hostelrie' in the town. In the domestic establishment of the innkeeper, there happened to be a young woman, the daughter of a settler in the neighbourhood, of the name of C., who, I believe, was a native of the colony, and had formerly been the champion of New South Wales. Miss C., it seems, was by no means destitute of personal attractions, and appears to have fixed the regards of the Governor-General himself. What occurred at the time, I neither know nor care; but in due time, Miss C. proving enciente, the fact was inhumanely laid at the door of Her Most Gracious Majesty's representative, the Governor-General of Australia! C. acted on the occasion as any honest man would be likely to do, whether a pugilist or not; and he came at length to Sydney for redress; but meeting with some such cold reception as humble people like himself are likely to do when asking for redress of any kind in the mansions of Governors General, he placed his case in the hands of an able solicitor in Sydney—William Thurlow, Esq—the Right Worshipful the Mayor of that city for the past and present years. Mr. Thurlow accordingly stated his case, and preferred his claim upon his Excellency in the usual style, demanding compensation for the loss of the services of his client's child. As there were other members of 'the household' at Berrima on the occasion in question it would doubtless have been very difficult for Mr. Thurlow—shrewd lawyer though he is—to ascertain (as it was alleged he should have done beforehand) to which member of the exemplary family the paternity in the case was to be assigned; but as this was no part of his client's case, he stuck to the Governor-General, and the result was that a sum of two hundred pounds, as was reported, was paid to C., to prevent exposure and disgrace!"

The Empire newspaper was also very outspoken concerning the Governor's doings. Here is a paragraph from a condemnatory article, which appeared in that journal on May 7th, 1852:—

"It does not accord with our notions, that fetes and shows given to a colonial Governor (Sir Charles was junketting in the Western interior about this time), under the ostentation of loyalty, while the moral character of such a Governor is under a dark cloud of general imputation, are a true mark of respect to the sovereign whose authority he bears and whose person he represents. If the Queen be not sufficiently careful in the characters of her servants, she cannot possible escape the censure herself in some quarter or another of being indifferent to the high claims of morality. If she be ignorant, she ought to know, for she has sworn to govern her vast empire faithfully. If she be told she ought to be willing to investigate. We have no conception how the cherishing of an immoral servant can fail to reflect some dishonour upon the employer. We are aware that the rule of expediency is enough to establish our point. It is expedient that the Queen's moral character—and she is highly moral and virtuous by all report—should not be misrepresented by immorality. The security of her Government demands this; for it is by the affections and confidence of her people alone that Victoria can be a true Queen, and the times in immediate prospect will leave her sway unbroken."

Following this up we hear Dr. Lang's voice again. "The ancient inform us (said he) that when the frogs petitioned Jupiter for a King, he threw them down a log; but the modern Jupiter of the Colonial office has far surpassed this memorable feat of his ancient prototype; for, with one powerful fling, worthy of Ajax himself, and reaching to the very ends of the earth, he has thrown to the green frogs of Australia not only a log, but a he-goat! There were nine clean—so much for the tenth!"

Little more need be said concerning the personal history of a Governor, who, although descended from a King, was nothing more that a machine, and simply served to carry out instructions which any man with even less brains could have done twice as well. He left the colony in 1855 and died in London in 1858.

Several most important events transpired during Fitzroy's automatic administration, the most remarkable being—the attempt to re-introduce convicts into Australia, and which resulted in a vigorous and successful anti-transportation agitation; the discovery of gold; the separation of Victoria from New South Wales; and the passing of a bill sanctioning the establishment of two deliberative chambers—a Legislative Assembly and a Legislative Council. The two first important events named will be fully treated in their proper place; but a word or two must here be said concerning the occurrence last mentioned, seeing that it was fraught with issues of the greatest moment to the colony—was in fact the opening of the door to that freedom which as a people the colonists at the present time enjoy.

In the year 1851 an Elective Act had been passed, establishing the basis on which members should be returned to the Legislative Council—the mixed Council then existing. A new Council came into existence towards the close of the same year, and one of its principal functions was to consider the alteration and improvement of the constitution. The draft of the present Constitution was here prepared: a Committee was appointed, and the work was done con amore. The Committee reported in favour of a two-Chamber Legislature on the English model. The number of members for the Lower House was fixed at fifty-four, to be chosen by electors possessing a moderate property qualification. As to the composition of the Upper House, Wentworth at first proposed the establishment of a colonial hereditary peerage, to form a House of Lords, but the notion excited the strongest hostility and the keenest derision, and he abandoned it. One party was in favour of making the Upper House elective, but after much discussion, a decision was reached that the House should be constituted by nomination, and contain not less than twenty-four members. This constitution embodied responsible government, and was passed as a schedule to the Imperial Act of Parliament which is called the Constitution Act. It was also agreed that the first members should be appointed for five years, after which life appointments were to be made, unless the law was altered in the meantime. The bill underwent some slight alteration in England, but its main principles remained unchanged, and the Imperial Act, with the Constitution appended as a schedule, reached the colony in 1855, shortly after Fitzroy's departure, and on the 24th of November the new order of things was formally inaugurated by Governor Sir W. T. Denison, who succeeded Fitzroy, the old Council having been dissolved in the meantime. The first Parliament under responsible government met on 22nd May, 1856, and no greater proof of the wisdom and statesmanship of the men who brought in the era of responsible Government could be found than is found in the fact that very few alterations in the Constitution have been needed through the years succeeding, although the colony has made progress in every direction to an extent never before known in a similar period in the history of any colony or nation.

With the inauguration of responsible Government, the autocratic, arbitrary rule of Governors came to an end. Henceforth the people were to govern themselves through Parliaments of their own choice. From being 'a Crown colony of the severest type,' New South Wales at once became, in the fullest sense of the term, a self-governing community. Sir Charles Fitzroy was the last of the old school—a school never to be re-formed in any place where British instincts exist or British freedom finds exercise. The Governors who have held office since Fitzroy's administration terminated have had their duties well defined, and have simply served as representatives of the Sovereign in a colony which is still a dependency of the British Crown.

The story of the Governors is therefore ended. There were ten from the time of the foundation of the colony to the establishment of responsible government—a period of sixty-eight years. There have been six since then—Denison, Young, Belmore, Robinson, Loftus, and Carrington—and the last-named representative of Her Majesty holds office in this the Centenary year of the colony. How long a time will elapse before Government House becomes the residence of a locally elected President, instead of a Sovereign's nominee, it is impossible to say; but the signs of the times will have proved deceptive if when the end of the second century of its existence arrives the colony is found recognizing any such thing as Imperial supremacy.

Early Australian History. Convict Life in New South Wales and Van Diemen's Land

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